People ex Rel. Kohut v. Hendrickson

2 Citing cases

  1. People ex Rel. Morrison v. Pollack

    264 App. Div. 92 (N.Y. App. Div. 1942)   Cited 1 times

    ( People ex rel. Perry v. Gillette, 200 N.Y. 275. See People ex rel. Kohut v. Hendrickson, 249 App. Div. 528; affd., 276 N.Y. 563.) The relator could have also proceeded by demurrer.

  2. PEOPLE EX REL. FOLK v. McNULTY

    256 A.D. 82 (N.Y. App. Div. 1939)   Cited 6 times
    Tracing Supreme Court jurisdiction to English Court of Kings Bench, which could divest lower courts of jurisdiction

    The certificate of removal may be issued only upon the application of the defendant. On facts identical in principle with those in this case, where an unauthorized removal was thus effected, habeas corpus issued and the defendant was discharged ( People ex rel. Kohut v. Hendrickson, 249 App. Div. 528; affd., 276 N.Y. 563). In the case at bar no resort was had to any statutory method of removal, but the Attorney-General simply "determined" on the removal.